2021-02-04 Windward Exh B Kirpal Meditation and Ecological Center SPP-20-000220

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AU: Okay, thank you Mr. Chair. So, my next question this is appropriate Malia can I ask either staff or Zendo a question? This is still on the same train of thought so I kind of want to follow and finish this before Joe goes on and ask his question. Can I ask Zendo a particular question about the building code and if an overhang if the overhang of a roof actually applies to encroachment and answer if you can or if you cannot I'm not sure Ms. Hall if you can answer that question. HALL: I think if you are asking him about the Zoning Code that is appropriate but if you are asking about the Building Code that would probably be Department of Public Works (DPW). KERN: Well, Zoning Code Chapter 25 would be relevant to this question so the wall line would have to be within the setback, there is allowable projection for roof overhangs and decks and whatnot depending on the size of the setbacks so if its Ag its usually twenty (20) foot side setbacks and the overhang or allowable projection would be six (6) feet. Now, this is over a property line itself that is a different story that's a property line encroachment within the setback. AU: Okay, thank you Mr. Kern you've answered my question so thank you. KERN: Thank you. REPLOGLE: Commissioner Clarkson? CLARKSON: Yes, I just have 2 questions. One is for the petitioner for standing Keri if your standing is granted our rules require that you immediately go into mediation with the Applicant so the first item on the agenda if you were to be granted standing would be to get together with the Applicant and the Mediator. I'm just wondering whether you'll be willing to do that first before continuing your petition for standing and I have a question also I don't know let me wait to hear from the petitioner before I ask my second question. REPLOGLE: Ms. Keri? DICKIE CLARK: Commissioner Joe I don't know your last name, but could you just repeat the rules and regulations about whether it was mandatory for me to go into mediation or not? CLARKSON: Yes, according to the Planning Commission Rules 4-6 (i) all parties to a contested case proceeding shall participate, in good faith, in one mediation conference, the length of which shall be determined by the mediator. The mediation conference shall be held within thirty days of the granting of an intervention by the Commission. So, Mr. Yeh had asked for in essence a mediation our rules require you to go into mediation if you were to be granted standing. One of my follow up questions was going to be to Ms. Hall about the legal aspects of whether you're agreeing to go into mediation "—" applicant prior to being granted standing would affect her petition for standing your petition for standing. So, there's a lot at issue but I believe Mr. Yeh was correct this is a very long complicated and for some people an expensive process to go through a contested case hearing. I just want to make sure that it's really necessary. JACKSON: You are on mute again Keri. EXHIBIT B 13